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SOUTHEAST TEXAS RECORD

Tuesday, June 25, 2024

Contractor Sues Energy Giants Over Explosion Injuries

State Court
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A catastrophic explosion at a Texas terminal has led to a significant legal battle, with a contractor seeking over $5 million in damages. On June 3, 2024, Jorge Garcia Hernandez filed a complaint in the Harris County District Court against Kinder Morgan, Inc., Kinder Morgan Liquid Terminals, LLC, and Texas Reexcavation, LLC d/b/a T-Rex Services.

The lawsuit stems from an incident on April 19, 2024, when Hernandez was working as a contractor at Kinder Morgan's Galena Park Terminal. During scheduled maintenance operations involving "hot work," which included breaking concrete slabs and inserting large metal pipes into the ground, a massive fire and explosion erupted unexpectedly. Hernandez alleges that the explosion was caused by flammable gas or vapor concentrations exceeding safe limits. The blast resulted in severe injuries for Hernandez, including neurological damage, burns, and emotional distress.

Hernandez accuses the defendants of multiple counts of negligence. He claims they failed to enforce safety rules, provide adequate equipment and competent personnel, recognize and remediate hazards, and maintain a safe work environment. "Defendants breached their duty by failing to warn Plaintiff of this known unreasonably dangerous condition," the complaint states. Additionally, Hernandez asserts that Kinder Morgan Inc. and Kinder Morgan Liquids Terminals LLC were grossly negligent in maintaining the premises where he was injured.

The plaintiff is seeking various forms of relief from the court. These include compensation for past and future physical pain and mental anguish, medical expenses incurred due to his injuries, loss of earnings capacity both past and future, exemplary damages for gross negligence, as well as pre-judgment and post-judgment interest. Furthermore, Hernandez has requested a temporary restraining order to prevent any further alterations to the incident site until an adequate inspection can be conducted.

Representing Jorge Garcia Hernandez are attorneys Benny Agosto Jr., Ben Agosto III, and Nancy Flores from Abraham Watkins Nichols Agosto Aziz & Stogner law firm. The case is being overseen by Judge Cynthia Clausell-McGowan under Case ID 2024-34678.

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